CENTURY ENKA LTD Vs. CHAKRAPANI VASAHAT ROAD

JUDGEMENT

(1.) . Rule, with the consent of the parties made returnable forthwith and heard.

(2.) . The Writ Jurisdiction of this Court under Articles 226 and 227 of the Constitution of India is invoked against the Judgment and order both dated 1522012 passed by the Learned Member of the Industrial Court, Pune, by which the Revision Applications filed by the Respondent in each of the above Petitions, came to be allowed and resultantly the Judgment and Order dated 222011 passed by the Labour Court in Complaint ULP No.22 of 2002 and Complaint ULP No.34 of 2002 filed by each of the Respondent in the above Petitions, came to be allowed and the Judgment and Order dated 222011 came to be set aside. Whilst allowing the said Revision Applications, the Industrial Court has also set aside the order dated 30102009 by which order the Applications dated 1932009 filed by the Respondent in each of the Petitions for production of documents relating to the inquiry proceedings in respect of some other workmen who were similarly charged, was rejected.

(3.) . The complaints thereafter proceeded to trial. The Labour Court on consideration of the material on record reached a conclusion that the charge of not giving production as per practice was proved against the complainants and therefore there was no warrant to interfere with the punishment imposed by the Petitioner. The Labour Court as can be seen has also considered the relevancy of the documents in respect of which the Respondents had filed an application for directing the Petitioner company to produce the same. The Labour Court adverted to the evidence which had come on record on behalf of the management wherein the witness of the management had deposed that the other workmen in respect of whom the Respondents have sought production of the inquiry proceedings had tendered their apology in the midst of the inquiry proceedings. It is upon such consideration that the Labour Court recorded a finding that the said documents were not relevant in so far as the consideration of punishment which was imposed upon the Respondents was concerned. As indicated above the Labour Court on a consideration of the material on record as regards the charges which were leveled against the Respondents and the inquiry proceedings, came to a conclusion that the Respondents i.e. Complainants have not proved the unfair labour practice that they had alleged in the complaints. The Labour Court has by the Judgment and Order both dated 222011 accordingly dismissed both the complaints.